Registered Designs

Membership of International Conventions:

  • Paris Union (from 6 April 1965)
  • WIPO (from 14 May 1977)
  • ARIPO (from 26 February 1978)

Types of Designs available:

  • Industrial Designs

Novelty Requirements:

A design shall be considered new if no design, whose features differ only in immaterial details, has been made available to the public within Zambia or elsewhere before the release date.

A design shall be considered to be available to the public before the release date if it has been published, exhibited, or used in trade or otherwise disclosed before the release date.

An application for the registration of a design, consisting of a design which has been disclosed before the filing date, shall not be refused registration by the Registrar or invalidated if the disclosure -

(a) occurred within six months preceding the date of filing of the application for registration;

(b) was due to the design having been obtained unlawfully or in breach of confidence by any person—

(i) from the creator of the design or any other person to whom the matter was made available in confidence or who obtained the design from the creator because the creator believed that the person was entitled to obtain it;

(ii) from any other person to whom the matter was made available in confidence by any person mentioned in subparagraph (i) or in this subparagraph or who obtained it from any person so mentioned because that person or the person from whom that person obtained the design believed that such person was entitled to obtain it;

(c) in the case of textile, was as a result of a confidential order for products bearing the design, made before the registration of a design and such disclosure was made without the consent of the creator of the design;

(d) was made by way of the creator communicating the design to a Government department, agency or an authorised person, to consider the merits of the design;

(e) was made due to, or in consequence of, the creator of a design displaying the design at an exhibition, recognised by the Agency, and the applicant states, on filing the application, that the creator has notified the Registrar, in the prescribe manner, that the design has been so displayed and files written evidence in support of such notification, within the prescribed period; or

(f) was made to the public for the purpose of providing the result of a research undertaken by a higher education institution, research institution or development institution, within six months preceding the date of lodging an application for the registration of the design.

Registrability:

A design shall be eligible for protection if the design is new and has individual character.

A design shall be considered to have individual character if the overall impression it produces on an informed user differs from the overall impression produced on such a user by any earlier design, which has been made available to the public before the release date of such a design.

“Design” means an industrial design taking the form of features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in two dimensional or in three dimensional or in both forms, by any industrial process or means, which in the finished article appeal to, and are judged solely by the eye, and are not related to functionality; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.

The following are excluded from design protection:

  • designs which are contrary to written laws or well established natural laws;
  • designs which contravene or are inconsistent with public order, public morality, principles of humanity and environmental conservation; and
  • designs which comprise a flag, emblem, armorial bearings, abbreviation, decoration, coat of arms or other official sign and hallmark of Zambia or any other convention country or intergovernmental organisation of which one or more convention countries are State parties, used without consent.

 Filing Requirements:

  • Power of Attorney (can be late filed).
  • Drawings or photographs of design (required on the day of filing).
  • Detailed description of the design.
  • Certified copy of priority document, if priority claimed (can be late filed within 3 months from filing).
  • Verified Translation of Priority Document if not in English (can be late filed within 3 months from filing).
  • Assignment (can be late filed).

Substantive Examination:

Yes

Duration and Renewal:

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for a further term of five years.

ARIPO design in which Zambia is designated:

Please see ARIPO Designs memorandum.

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